Excelsior Correspondent
JAMMU, Dec 2: High Court has quashed the Government order whereby some restrictions were imposed on the marriages.
The order has been passed in a petition challenging Government Order No. 39-FCS&CA of 2017 dated 20.02.2017 by virtue of which there was complete ban on sending dry fruits/sweet packets etc with invitation cards by any person to relatives, friends, guests, invitees etc. and use of amplifiers/loud speakers/fire crackers in any function; and number of guests to be invited on marriage of daughter (Baraat), marriage of son and small functions like engagement of son/daughter and other small functions were restricted to a maximum of 500, 400 & 100 respectively.
After hearing Advocate Parimoksh Seth for the petitioner, Justice Vinod Chatterji Koul observed, “Section 3 of the Essential Commodities Act indicates that if the Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supply of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order provide for regulating or prohibiting the production, supply and distribution thereof or trade or commerce therein”.
“It cannot be said by any stretch of imagination that the legislature intended by the provision that the Government can issue such an order or regulate the personal affairs of the life of an individual and infringe upon the freedom of a citizen to live with dignity. The main object for which Section 3 of the Act has been enacted is that the provision is made for making the essential commodities available to the citizens at a reasonable price and is distributed equitably”, High Court said.
“The order in question has not been passed for fixing the price of the essential commodity and making the same available to the citizens at reasonable price or making its distribution equal but the order fixed the number of guests, who can attend the function and the quantity of food stuffs which are to be served to the guests”, High Court observed, adding “the impugned order passed by the Government being beyond the scope of Section 3(1) of The Essential Commodities Act, 1955 is unenforceable which is also violative of fundamental rights of the citizens”.
Accordingly, High Court quashed the Government Order No. 39-FCS&CA of 2017.
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